The Australian Government has released the draft of its proposed tobacco control legislation for public consultation.
Timed to coincide with World No Tobacco Day on 31 May 2023, The Public Health (Tobacco and Other Products) legislation would modernise and simplify provisions by consolidating existing tobacco-related laws, regulations, instruments, and court decisions.
The Minister for Health and Aged Care, Mr Mark Butler, released the bill on 31 May 2023, calling it a critical step in the Government’s fight against tobacco and nicotine addiction.
“Australia has been a leader in public health measures to discourage smoking, but after a decade of inaction, the gains of Labor’s world leading plain packaging laws have been squandered,” Minister Butler said.
“Australia needs to reclaim its position as a world leader on tobacco control. Disadvantaged Australians are paying the price for Big Tobacco’s profits.
“Tobacco use is estimated to claim the lives of about 20,000 Australians every year – more than 50 Australians every day – and this legislation will enable the next generation of reform to help us fight against nicotine addiction.”
A review of separate pieces of legislation revealed a need for reform and the Government wants to increase the strength and clarity of tobacco laws, while reducing regulatory burden, stating that “multiple pieces of legislation governing tobacco control creates ambiguity regarding compliance, as well as duplication of reporting and enforcement.”
The bill also introduced new measures to discourage smoking and tobacco use and prevent the promotion of e-cigarettes but did not address the stronger regulation of e cigarette availability and supply.
However, the Minister for Health has committed to introduce new controls on e-cigarette importation, contents and packaging and said that the Government will work with States and Territories to address the black market.
Important measures contained in the bill include:
- updating and improving graphic warnings on packaging
- standardising the size of tobacco packets and products
- preventing the use of specified additives in tobacco products
- standardising the design and look of filters
- limiting the use of appealing names that imply reduced harm
- requiring health promotion inserts in packs and pouches
- improving transparency of tobacco sales volumes, product contents, and advertising and promotional activities.
- capturing vapes in advertising restrictions
Many of the reforms were announced last year and have attracted criticism from the other side of politics and Labor is hoping to get the numbers it needs to get the bill through parliament.
“The Coalition has been on the wrong side of history before on tobacco control – I hope these new reforms are met with bipartisanship,” Minister Butler said.
The bill was based on the National Tobacco Strategy 2023–2030, which has committed to reducing daily smoking prevalence to below 10% by 2025 and to 5% or less by 2030, in addition to a focus on tackling smoking in First Nations communities.
“We received 515 submissions, from peak health bodies, businesses, academics, clinicians, and members of the public,” Minister Butler explained.
“You said that reducing the rates of tobacco use in Australia is important, and the Strategy is key to informing how this is achieved – the Strategy must set the direction for future tobacco control activities in Australia.”
Anyone can provide written feedback on the legislation’s, with the 199-page draft of the Bill available on the Department of Health’s Consultation Hub until 14 July 2023 at https://consultations.health.gov.au/phd-tobacco/d5d890c2/
The contents of the proposed regulations in relation to graphic health warnings, health promotion inserts, and additional features to appear on tobacco products will be made available for public consultation at a later date, yet to be announced.